Pedro Garcia Mayoral" [53]

The royal decree sent to the archbishop on the same date, [54] is

couched in similar terms to the above decree, and disapproves the

action of the archbishop in regard to making an ecclesiastical seminary

out of the college of San José. The decree in its opening clauses,

notes that the archbishop had sent various documents and reports to

the king with his letter of March 12, 1769, which state what had been

done in regard to the college of San José, and the occupations of the

four Piarists who had accompanied the archbishop to the Philippines.

In 1777, Doctor Ignacio de Salazar, magistral of the Manila cathedral,

was chosen rector and administrator of the college. From that date

until 1879, the position of rector and administrator of the college

was always confirmed by the governors-general to the dean or other

dignitary of the Manila cathedral. Accounts of the administration of

the college were to be rendered every three years, or annually. The

management of the college was not successful, and the administration

of the properties was negligent and possibly corrupt during some

years. The field of secondary education which it had attempted to fill

came to be occupied by newer and more successful institutions, such

as the Ateneo Municipal and the college of San Juan de Letran. [55]

From the books of the university of Santo Tomás, it seems that a

few years after the expulsion of the Jesuits, if not immediately,

instruction on philosophy and the natural sciences was resumed,

and that two professors were appointed for that purpose, and that

in 1795 the government of the islands recommended the abolition of

such instruction, applying the revenues therefrom to the payment of

the fees of the institutes and law courses, which recommendation was

not carried out on account of an unfavorable report of the faculty of

the university. Only grammar and philosophy were taught until 1866,

and pupils were required to pass an examination in the university

of Santo Tomás before two professors appointed for the purpose, in

order to legalize their courses. The first four years of secondary

instruction were established at this period. [56]

Between the years 1860 and 1870, the question of the conversion of the

college into a professional school of some sort--arts, agriculture,

or medicine--was much discussed, particularly its conversion into a

school of medicine and pharmacy. Finally, in 1867, a board consisting

of the rectors of the university, Ateneo Municipal, and college of

San José, and one representative each of the professions of medicine

and pharmacy, was convened by royal order, and charged with the duty

of ascertaining the origin and object of the college of San José,

its revenues and pious charges, and the best manner of installing

therein classes of medicine and pharmacy. The report of the committee

was to the effect that such studies could be admitted. The rector

and administrator of the college in 1869 was of the same opinion,

and the rector of the university of Santo Tomás also considered such

a thing legal. November 6, 1870, the Spanish government adopted the

decrees concerning education in the Philippines, known as the Moret

decrees, [57] by which the attempt was made to secularize most of the

institutions of learning. Among other provisions in these decrees was

one directing that the college of San José, the college of San Juan

de Letran, and the Ateneo Municipal, as well as the naval academy and

the drawing and painting academy should be united in one academy for

secondary and entirely secular education to be known as the Philippine

Institute, to be subject to the ultimate control of a Superior Board

of Education which was civil and secular in its character. These

decrees were never enforced, for they were vigorously opposed by

those in charge of the above institutions. [58]

In 1875, a royal provision established the faculty of medicine and

pharmacy in the college. [59] This decree, issued October 29, 1875,

reorganized the university of Santo Tomás. Article 2 of the decree

prescribed "that in this university shall be given the necessary

studies for the following: jurisprudence, canon, medicine, pharmacy,

and notary;" and article 12, that, "the branches of medicine and

pharmacy, although constituting an integral part of the university,

shall be taught in the college of San José, whose revenues, with the

deductions of the amounts for pious charges, will be devoted to the

expenses of these branches. [60] The five-sixths part of the fees

from the registration of these subjects, and half of the fees for

degrees, titles, and certificates of the pupils, will also pertain

to the college mentioned. The rest will pertain to the general

expenses of the university." The governor was to name a director,

upon the recommendation of the rector, for the college, and he was

to have charge of the revenues. September 5, 1877, a commission

appointed to consider various matters of the college of San José,

recommended that the university of Santo Tomás take immediate charge

of all the property of the college, and that regulations be drawn up

for the management of the same. On September 28, of the same year, the

governor-general decreed that an administrative commission consisting

of the rector of the university and the professor of pharmacy should

take charge of the college, and they were given complete authority

to carry out the reorganization of the college decreed in 1875. The

report of the commission submitted July 26, 1878, recommended that

the office of director-administrator be made two separate offices,

the office of director to be filled by the rector of the university

of Santo Tomás, as director ex-officio, and that of administrator

to be appointed by the governor-general upon the recommendation of

the rector of the university of three names to be taken from the

professions of medicine and pharmacy. This report was approved

August 1 by a decree of the governor-general, which was in turn

approved by royal order of March 24, 1880. The decree of August 1,

1878, charged the rector of the university to prepare regulations

concerning the control and management of the college; and it appears

that such regulations were issued by the governor-general, October

15, 1879, title 2 of which gives to the rector of the university,

as ex-officio director, the control of properties and finances of

the college. It is said that articles 6-10 of the decree of 1875,

which directed that competitive examinations be held either at Manila

or Madrid for the filling of vacant professorships, have not been

observed, such vacancies having been filled by the governor-general on

the recommendation of the rector. The administration of the college

properties was kept separate from those of the university, although

the accounts were both under the same direction of the rector of the

university. The scholarships or fellowships of the college, before

twenty in number, were reduced after 1875 to three and transferred

to another institution. The income in normal times was about twenty

thousand pesos, the foundation seemingly being about one-half million

in gold. [61]

With the signing of the treaty of Paris, December 10, 1898, the

American government found itself face to face with a delicate and

difficult problem, namely, that of the settlement of the properties

of the friars. Of this problem, the question of the ultimate disposal

of the college of San José was properly a part, since it was under

the direction of the Dominican university of Santo Tomás, it having

become, as we have seen above, the medical and pharmaceutical adjunct

of the university. The question to be solved in this case narrowed

down to whether the college of San José was primarily a government

or an ecclesiastical pious foundation [obra pia], and hence, whether

it could be legally administered by the government or the Church. In

1899, General Otis forbade the rector of the university of Santo

Tomás to continue to maintain a school of medicine and pharmacy in the

buildings of the college of San José, and to use its name and income

for that purpose--an order made at the instance of the president and

directors of the Philippine Medical Association. Shortly after their

arrival the commissioners were consulted by General McArthur, as to

the proper course for him to take on the petition of the rector of the

university asking him to rescind the order. As the issue involved the

question of the control of Church property, the commission deemed it

its duty to investigate it and to bring it to a legal settlement. [62]

The matter was therefore argued before the Commission, pro and

con, from time to time between July and October, 1900, and the

conclusions announced January 5, 1901. The ecclesiastical authorities

took the position that the college is "truly an obra pia, that its

trusteeship has always been vested in the Church, as represented by

its legal agents either through the Society of Jesus, the kings of

Spain as ecclesiastical patron, the clergy of the cathedral, or the

university of Santo Tomás, under the direction of the archbishop." The

ecclesiastical argument is that the college "is essentially a religious

foundation and therefore the United States have not the right to

claim it as public property nor to intervene in its management,

since they cannot succeed to the Spanish ecclesiastical patronage,

they having proclaimed the separation of Church and State." It is

impossible also for the state to secularize the institution, an act

which would be paramount to confiscation. [63] Archbishop Nozaleda

argues also that the college "is an ecclesiastical obra pia, founded

by Esteban Rodriguez de Figueroa, with all the canonical and civil

formalities demanded by the legislation in force at that time for

such foundation." [64] Again, he says: "The college of San José is an

ecclesiastical obra pia, and as such belongs to the patrimony of the

Church." An ecclesiastical obra pia he defines as "any foundation

made through motives of religious piety, or with the purpose of

exercising Christian charity, with the approbation and authorization

of the bishop." [65] Against this Dr. T. H. Pardo de Tavera and

others argued before the Philippine Commission that the college of

San José was primarily of royal foundation; [66] Felipe G. Calderon,

a Filipino advocate, and the chief adversary of the ecclesiastics,

in his pamphlets, also argued that the college of San José is official

in its origin: [67] their conclusions being that the civil government

has power to intervene in the management of the college. [68] The

commission, being careful not to intimate any opinion that "should

be used by either side in the case to be argued and decided as

authority in that tribunal [i.e., the Philippine Supreme Court],"

expressed "no other definitive opinion than that the petitioners

[i.e., Pardo de Tavera, et al.] have presented a case of sufficient

dignity and seriousness to warrant its full consideration by a court of

justice." In the words of the commissioners: "In order to decide the

merits of this case, we should probably have to consider and settle

a nice question of canonical law, and investigate and discuss the

historical and legal relations of the crown of Spain to the head of

the Catholic Church. Neither of these questions do we feel competent

now to decide with the materials which are before us and with the time

at our disposal nor do we need to do so. We are not a court. We are

only a legislative body. It is our expressly delegated function in

just such cases as this to provide a means for the peaceful and just

decision of the issues arising. Had we been able to decide clearly

and emphatically that the petitioners had no rights here and that

their claims were so flimsy as not to merit the assistance of the

legislature in bringing them to adjudication in a court of justice,

we might have properly dismissed the petition and taken no action

thereon; but we are of opinion, all of us, that the contentions

of the petitioners present serious and difficult questions of law,

sufficiently doubtful to require that they should be decided by a

learned and impartial court of competent jurisdiction, and that it is

our duty to make legislative provision for testing the question. If

it be true that the United States is either itself the trustee to

administer these funds, or occupies the relation of parens patriæ to

them, it becomes its duty to provide for their administration by a

proper directory, whose first function will be to assert, in the name

and authority of the United States, their right to administer the funds

of the college against the adverse claims of the person now in charge,

who claims to hold under and by virtue of the control over the funds

by the Catholic Church; and this legislative action we now propose to

take, not thereby intimating an opinion upon the merits of the case,

but merely by this means setting in motion the proper machinery for

the ultimate decision by a competent tribunal." The Commission set

aside $5,000 in United States money for the payment of the expenses

of getting evidence, preparing the record, printing the briefs,

and as fees for professional services; and that the case was to be

heard before the Philippine Supreme Court, the United States being

practically a party in the litigation. Further provision was made in

case appeals from that court were to be made to the Supreme Court of

the United States, for Congress to so provide in this case. As to the

injunctive order of General Otis against the opening of the college,

by the rector of the university, it was recommended to the military

governor that it be rescinded. The persons appointed to conduct the

litigation and to take charge of the college and its estates, should

the decision and a decree of the court be in their favor, were as

follows: Dr. T. H. Pardo de Tavera; Dr. Charles R. Greenleaf, Leon

M. Guerrero, Dr. Manuel Gomez Martinez, and Dr. Frank S. Bourns. The

concluding remarks of the Commission are the following: "There has been

much popular and political interest in the controversy in which we have

now stated our conclusions. The questions considered, however, have

not had any political color at all. They have been purely questions

of law and proper legal procedure, and so will they be in the court

to which they are now sent. The decision of the right to control San

José college cannot legitimately be affected by the political feeling

which one may have for or against the friars. It is unfortunate that

the public should clothe the settlement of an issue purely legal

with political significance when it ought not to have and does not

have one. But, however this may be, those charged with settling it

can pursue only one path, and that is the path of legal right as they

see it." [69] Congress provided for appeal to the Supreme Court of the

United States on July 1, 1902, under the general terms of Section 10 of

the so-called "Philippine Government Act." A decision in the case had

not been handed down in Manila up to the close of September, 1906. [70]

The Philippine Islands, 1493-1898, Volume 45, 1736 Explorations by early navigators, descriptions of the islands and their peoples, their history and records of the Catholic missions, as related in contemporaneous books and manuscripts, showing the political, economic, commercial and religious conditions of those islands from their earliest relations with European nations to the close of the nineteenth century · 第 29 / 118 题